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Your current state is Ohio
We are in process of divorce, I close on a house before it is finalized. He is required to sign mortgage but not note or deed. Will he have any rights to my home?
answered on Jul 11, 2024
Mr. Frick is substantially correct, although in Florida what he calls "widow's rights" is referred to as "homestead". The mortgagee can foreclose (as is normally provided in the mortgage), but the person who asked this question would have to be named as a defendant in the foreclosure action.
We are in process of divorce, I close on a house before it is finalized. He is required to sign mortgage but not note or deed. Will he have any rights to my home?
answered on Jul 11, 2024
It depends on the language of the contractual documents but it is not uncommon for a mortgage company to require a spouse to sign off on giving up his rights in favor of the mortgagor even when title and the loan are solely in the other spouse's name. In that particular situation, the spouse... View More 
Or current value when sold
answered on Jul 11, 2024
In a divorce, neither spouse is automatically entitled to any part of money paid in on a mortgage.
With respect to real property acquired by a spouse during the marriage, the property will likely be determined to be the community property of the spouses and will be subject to a "just... View More
Our separation date on form is March 2024
answered on Jul 8, 2024
Unfortunately, it is impossible to provide you any guidance. You have determine your separation date was in March and you will be filing for divorce next week. That's not much to go on. You both have an obligation to protect your property and disclose its whereabouts until everything is final.... View More
Of town? Then to keep me from filing criminal charges for what they had done my c.l. husband had sent me pictures of a 2015 Dodge Challenger Hellcat SRT with the 6.2 supercharged engine in it and told me that it was mine all mine he hoped I loved it. He has refused to give me the title for it all... View More
answered on Jul 8, 2024
You can file a divorce proceeding against your husband and include these claims in your divorce proceeding. You should contact an experienced attorney who practices in the area of family law or divorce in or near the county where you and your husband live.
You don't mention exactly... View More
Hard getting into a place when i show obligation to mortgage in a house i dont live.
I've lived with my kids, my sister etc. Is he in contempt of court ? can i sue him ? What can I do
answered on Jul 6, 2024
I have no doubt it is stressful. That is why I and other attorneys try to ensure everything is final (or easily finalized) when the judgment is signed. Did you have an attorney 15 years ago?
Obviously, you can try to convince him to take you off the mortgage yourself. You could hire an... View More
I agreed to pay 36 months of car notes for my ex wife in our divorce decree. Now I'm falling on hard times and struggling to pay it. If I don't pay, other than the vehicle being taken away, what happens to me?
answered on Jul 5, 2024
If you are unable to pay the car loan, your ex-wife can pay it and then file a lawsuit for indemnity against you for whatever she is required to pay on the car note. If your ex-wife fails to pay the car note and the lender repossesses and sells it, your ex-wife can sue you for whatever amount the... View More
That’s it
answered on Jul 5, 2024
It depends on the facts and circumstances existing at the time of your divorce. During a divorce, all property you and your spouse own is part of the marital estate and is presumed to be community property until you prove by clear and convincing evidence that such property is your separate... View More
I am self-representing because I can't get a lawyer and it is not a criminal matter so not entitled to one. Can I submit a motion requesting the court to appoint me a lawyer since he is pushing this to trial? What steps do I need to take to create/submit a motion? Dakota County MN for court... View More
answered on Jul 4, 2024
In most civil cases, you do not have the right to a court-appointed attorney. This includes dissolution (divorce), custody/parenting time, and child support cases. In these cases you have the option to hire a private attorney. Some organizations use a sliding scale to charge for legal services... View More
Me and my husband are filling for marriage dissolution, and we agreed on everything and want to keep the house in both names, as it is, and use the property as a rental home. While filling for it, there's no option to "co-own" the property, but I read in some articles online that... View More
answered on Jul 3, 2024
Generally speaking, the purpose of terminating your marriage is to disentangle you and your spouse from one another, including mutual obligations related to the ownership of a home. Additionally, continuing to co-own a home after the termination of your marriage (even if through a dissolution) can... View More
I filed 3 motions including a motion to compel a motion to extend discovery and a motion for a citation of contempt. The order denying them only said that the pro se motions were either mute or meritless with no explanation
answered on Jul 3, 2024
As an attorney, I have never received a response like that from the Court. Therefore, it is possible there was an error or error(s) with your motions. And since I have never received that response, and have not seen your paperwork, I can't tell you why your motions were denied, nor can... View More
We are going through a divorce now. She is trying to say that I was the aggressor. The deputies even took pictures. When she bite me now the sheriff's office says there is no record of it.
answered on Jul 3, 2024
If you called the police there is typically a police report, whether charges were pressed or not. If there is no report for some odd reason, unfortunately, you will not have any proof to submit in Court. I would urge you to hire an attorney to represent you in this divorce so they can gather the... View More
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answered on Jul 3, 2024
Rule 65 typically refers to a federal rule of civil procedure related to injunctions and restraining orders. However, in the context of divorce in California, there isn't a specific "Rule 65" that's commonly referenced.
In California divorce proceedings, there are some... View More
Family member, people from church and sexual contact with acquaintances, employer, ad infinitum
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answered on Jul 2, 2024
I understand you're asking about extending divorce proceedings related to emotional distress and adultery in California. This is a sensitive situation, so I'll provide some general information:
In California, divorce proceedings can potentially be extended if there are... View More
I am divorced but I can't get my ex to finish the ED. It's been 4 years already and there's always a "reason" for it to be continued when we go to court for it.
He hasn't lived here in 5 years. I pay all the bills, live here with the kids and he is not... View More
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answered on Jul 2, 2024
This is a complex situation involving divorce, equitable distribution (ED), and bankruptcy law. Here's a general overview of steps you might consider, but please note that you should consult with a local attorney who specializes in both family law and bankruptcy for specific advice:
1.... View More
My ex wife and I got a storage unit together before our divorce, but it was only put in her name. After our divorce she never allowed me access to it to get my belongings. Now she is selling my items. The things in the storage unit were not listed in the divorce. Is there any recourse for me to get... View More
answered on Jul 1, 2024
You are in a tough spot. Why didn't this come up during the pendency of the divorce? Presumptively, you signed or agreed as part of a hearing that everything was included and settled. As a legal matter, any remedy would be an uphill battle for you to establish. The old adage "possession... View More
Does he need to file an Amended Petition or can we wait for the judgment paperwork. We are in agreement in everything except the wrong date of marriage that he wrote on the Petition. What does he need to do?
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answered on Jun 30, 2024
Based on the situation you've described, here's what you should consider:
1. Correcting the error: While it's important to have accurate information in your divorce documents, minor errors like an incorrect marriage date can often be corrected without filing an Amended... View More
He left me with two kids one has autism and the other is in process of evaluations. He knew that and he still left me. Now he thinks that because he gives them $500 a month he has all the right to bring his family around meaning his parents and siblings and he says I have to let them see the kids.... View More
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answered on Jun 30, 2024
Based on the information provided, here's a general response to your situation:
1. Legal obligation: In California, grandparents and other relatives generally don't have automatic visitation rights unless there's a court order. Without a formal custody agreement or court... View More
What are my options and how will my divorce turn out in a 50/50 state?
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answered on Jun 29, 2024
Here's an overview of the key points to consider:
1. Quitclaim deeds and postnuptial agreements:
These documents can significantly impact property division in a divorce. However, their validity and enforceability can be challenged under certain circumstances.
2.... View More
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answered on Jun 28, 2024
In divorce cases involving children, custody decisions are typically made based on what is deemed to be in the best interests of the child. There's no automatic rule that children always go to the mother or father. Some key factors courts consider include:
1. The child's... View More
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